MATTER OF ROBERT


52 N.Y.2d 1046 (1981)

In the Matter of Robert S. (Anonymous), a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided February 26, 1981.


Attorney(s) appearing for the Case

Wendy Sue Lauring, William E. Hellerstein and Charles Schnitsky for appellant.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG dissents and votes to reverse in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

At the fact-finding hearing in Family Court, appellant's defense to the charge that he had committed an act which if committed by an adult would constitute the crime of murder in the second degree was justification by way of self-defense (Penal Law, § 35.15, subd 2, par [a]). It was undisputed that the victim, William Kirwan,...

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